# Oneida Business Committee (2020)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad15a33773a0ac68c

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

1 of 59

Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

~
ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
December 16, 2020
9:00 a.m.
This Legislative Operating Committee meeting will be closed to the public due to the Public Health State
of Emergency. This is a preventative measure as a result of the COVID-19 pandemic. An audio recording
of the meeting will be made available on the Nation’s website.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. December 2, 2020 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Community Support Fund Law Amendments (pg. 4)
2. Emergency Management and Homeland Security Law Amendments (pg. 29)

IV.

New Submissions

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

2 of 59

Oneida Nation

~

Oneida Business Committee
Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
December 2, 2020
9:00 a.m.
Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Kirby Metoxen
Excused: Marie Summers
Others Present: Kristen M. Hooker, Aliskwet Ellis, Rhiannon Metoxen, Kristal Hill, Ralinda
Ninham-Lamberies
I.

Call to Order and Approval of the Agenda
David Jordan called the December 2, 2020, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Kirby Metoxen to adopt the agenda; seconded by Jennifer Webster. Motion
carried unanimously.

II.

Minutes to be Approved
1. November 4, 2020 LOC Meeting Minutes
Motion by Jennifer Webster to approve the November 4, 2020 LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Daniel Guzman King; abstention
by Kirby Metoxen. Motion carried.

III.

Current Business
1. Industrial Hemp Law
Motion by Daniel Guzman King to approve the Industrial Hemp law adoption packet and
forward to the Oneida Business Committee for consideration; seconded by Jennifer
Webster. Motion carried unanimously.
Motion by Jennifer Webster to approve the resolution titled, “Proclamation of
Appreciation” and forward to the Oneida Business Committee for consideration; seconded
by Daniel Guzman King. Motion carried unanimously.
2. Community Support Fund Law Amendments
Motion by Jennifer Webster to accept the Community Support Fund law amendments draft
and legislative analysis, and defer to a work meeting for further consideration; seconded
by Daniel Guzman King. Motion carried unanimously.

IV.

New Submissions
1. Nuisance Law
Motion by Daniel Guzman King to deny the request to add the Nuisance Law to the Active
Files List and to defer discussion to a LOC work meeting, inviting all relevant parties;
seconded by Kirby Metoxen. Motion carried unanimously.

r'\.

OOODDD=
A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of December 2, 2020
Page 1 of 2

ONEIDA

3 of 59

2. Oneida Nation Gaming Ordinance Amendments
Motion by Jennifer Webster to add the Oneida Nation Gaming Ordinance Amendments to
the Active Files List with Jennifer Webster as the sponsor; seconded by Kirby Metoxen.
Motion carried unanimously.
V.

Additions

VI.

Administrative Items
1. E-Poll Results: Approval of the Pandemic Relief Assistance Law Emergency
Adoption Packet
Motion by Jennifer Webster to enter into the record the results of the November 23, 2020,
e-poll titled, “Approval of the Pandemic Relief Assistance Law Emergency Adoption
Packet”; seconded by Kirby Metoxen. Motion carried unanimously.
2. E-Poll Results: Approval of the Budget Management and Control Law
Emergency Amendments Adoption Packet
Motion by Kirby Metoxen to enter into the record the results of the November 24, 2020, epoll titled, “Approval of the Budget Management and Control Law Emergency
Amendments Adoption Packet”; seconded by Jennifer Webster. Motion carried
unanimously.
3. Active Files List Sixty Day Update
Motion by Jennifer Webster to accept the memo titled, “Active Files List Sixty Day
Review” and continue the development of the thirty-four legislative items currently on the
Active Files List; seconded by Daniel Guzman King. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn
Motion by Kirby Metoxen to adjourn at 9:24 a.m.; seconded by Daniel Guzman King.
Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of December 2, 2020
Page 2 of 2

4 of 59

Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

Legislative Operating Committee
December 16, 2020

Community Support Fund Law
Amendments
Submission Date: 10/7/20
LOC Sponsor: David P. Jordan

Public Meeting: N/A
Emergency Enacted: N/A

Summary: On September 2, 20210, the Governmental Services Division Director, on behalf of Economic
Support, submitted a request for amendments to be made to the Community Support Fund law to take the
requirement for income verification out of the Law, since none of the Community Support Fund Law Rules
review income as a basis for program eligibility. The request also identified various potential amendments to
the Community Support Fund Law Rule Handbook.
10/7/20 LOC: Motion by Jennifer Webster to add the Community Support Fund Law Amendments to the
Active Files List with David Jordan as the sponsor; seconded by Daniel Guzman King. Motion
carried unanimously.
10/15/20:

Work Meeting. Present: Clorissa N. Santiago, Delia Smith, Andrea Frayre, Margaret Kruse.
This was a work meeting held through Microsoft Teams. The purpose of this work meeting
was to read through the Community Support Fund law line by line and discuss any potential
amendments that should be made to the law. The Administrative Rulemaking process was also
discussed since the Economic Support Department will also be seeking amendments to the
Community Support Fund Law Rule Handbook.

10/21/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie
Summers, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen, Kristal Hill. This was a
work meeting held through Microsoft Teams. The purpose of this work meeting was to review
the draft of suggested amendments by the Economic Support Department.

10/29/20:

Work Meeting. Present: Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel
Guzman King, Marie Summers, Clorissa N. Santiago, Delia Smith, Andrea Frayre, Margaret
Kruse, Kristen Hooker, Rhiannon Metoxen, Kristal Hill, James Petitjean. This was a work
meeting held through Microsoft Teams. The purpose of this work meeting was to review with
Economic Support issues that the LOC determined during the October 21, 2020, work meeting
that they wanted more information and clarity on.

12/2/20 LOC: Motion by Jennifer Webster to accept the Community Support Fund law amendments draft
and legislative analysis, and defer to a work meeting for further consideration; seconded by
Daniel Guzman King. Motion carried unanimously.
12/2/20:

Work Meeting. Present: Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King,
Marie Summers, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen, Kristal Hill. This

Page 1 of 2

5 of 59

was a work meeting held through Microsoft Teams. The purpose of this work meeting was to
answer any questions the LOC may have had regarding the proposed amendments and
legislative analysis since the drafting attorney was unable to attend the LOC meeting due to
quarantine.

Next Steps:
 Approve Community Support Fund law amendments public comment period packet and forward the
Community Support Fund law amendments to a public comment period to be held open until January
13, 2021.

""'

000000
A good mind. A good heart. A strong fire.

Page 2 of 2

ONEIDA

6 of 59

ONEIDA NATION
PUBLIC COMMENT PERIOD NOTICE

Due to the COVID-19 Public Health Emergency
Only Written Comments Will Be Accepted Until:

WEDNESDAY January 13, 2021

Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings

Send Public Comments to
LOC@oneidanation.org

Ask Questions here
LOC@oneidanation.org

COMMUNITY SUPPORT FUND LAW
AMENDMENTS
The purpose of this law is to assist the greatest number of members of the Nation who apply
for assistance to the Fund in times of a catastrophic event, catastrophic illness or injury, or
emergency event when no other resources for assistance exist.
The Community Support Fund law amendments will:
1. Remove the requirement that security deposit assistance only be available to those members of the Nation who are Wisconsin residents;
2. Remove the requirement that funeral travel expenses is only provided to arrange or attend a
funeral for immediate family members outside the state where the applicant resides;
3. Remove the requirement that an applicant provide all household income the last thirty (30)
business days immediately prior to the submission of the application; and
4. Expand the time period for an applicant to submit an application from thirty (30) days to
forty-five (45) days.
For more proposed amendments to the Community Support Fund law please review the public
comment packet at Oneida-nsn.gov/government/register/public meetings.

PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, JANUARY 13, 2021

The Nation’s COVID-19 Team issued a declaration on March 27, 2020, titled “Suspension of Public Meetings
under the Legislative Procedures Act.” This declaration provides that the Legislative Procedures Act’s requirement to hold a public meeting during the public comment period is suspended due to the COVID-19 public health emergency. Although there will be no public meeting, the public comment period will still occur,
and individuals can participate in the legislative process by submitting written comments, questions, or other
input via e-mail to LOC@oneidanation.org.

7 of 59

Analysis to Draft 1
2020 12 16

AMENDMENTS TO THE
COMMUNITY SUPPORT FUND LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed
Amendments

Purpose

Affected Entities
Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office
 Include a definition for Fund Operator, which is the Economic Support Services
Department, or other area within the Governmental Services Division designated
authority over the operation of the Fund;
 Revise the definition of “immediate family” to better reflect Oneida families;
 Include a definition for a public health emergency;
 Include public health emergency as a catastrophic event, catastrophic illness or
injury, or emergency event that qualifies an applicant for assistance from the
Fund;
 Clarify that the Fund may only be used for the waiting period for a Social Security
Disability Determination rent and utility assistance up to a maximum of twelve
(12) months;
 Remove the requirement that security deposit assistance only be available to those
members of the Nation who are Wisconsin residents;
 Remove the requirement that the amount paid for a security deposit be paid back
to the Fund before another security deposit is issued in the future;
 Clarify that an applicant must clarify that he or she applied to his or her local
Emergency Assistance Program prior to applying for utility assistance from the
Fund;
 Remove the requirement that funeral travel expenses are only provided to arrange
or attend a funeral for immediate family members outside the state where the
applicant resides;
 Clarify that lodging assistance due to homelessness or for any other reason not
related to a catastrophic event or emergency event, insurance deductibles, and
home renovations not related to handicap accessibility are not covered by the
Fund;
 Remove the requirement that an applicant provide all household income the last
thirty (30) business days immediately prior to the submission of the application;
 Expand the time period for an applicant to submit an application from thirty (30)
days to forty-five (45) days; and
 Adjust the appeal process to reflect reorganization of the Governmental Services
Division.
To assist the greatest number of members of the Nation who apply for assistance to
the Fund in times of a catastrophic event, catastrophic illness or injury, or emergency
event when no other resources for assistance exist. [1 O.C. 125.1-1].
Economic Support Services Department
A public comment period will be held open until January 13, 2021. A public meeting
will not be held in accordance with the Nation’s COVID-19 Core Decision Making
Team’s declaration titled, “Suspension of Public Meetings under the Legislative
Procedures Act.”
A fiscal impact statement has not yet been requested.

Page 1 of 8

8 of 59

Analysis to Draft 1
2020 12 16

What is the Community Support Fund?
The Community Support Fund is a resource available to members of the Nation which provides financial
assistance when a member of the Nation is experiencing a catastrophic event, catastrophic illness or injury,
or emergency event. Examples of a catastrophic event, catastrophic illness or injury, or emergency event
include:
-Death in the immediate family
-Fire
-Tornado
-Major medical surgery
-Cancer
-Flood
-Injury from motor vehicle accidents -Stroke
-Public Health Emergency
Assistance from the Community Support Fund is only available when there is no other financial assistance
available, or all other assistance has been exhausted. The Community Support Fund is funded through
tribal contribution and has a budget of approximately $350,000. The Community Support Fund can be
used to assist with the following types of expenses:
-Rent or mortgage
-Utility payments
-Medical travel
-Funeral travel
-Prescription reimbursement
-Medical bills
-Dental related expenses
-Optical related expenses
-Inpatient treatment
-Security deposits
-Automobile repairs for medical travel -Utility disconnections
-Family Medical Leave Act -Temporary shelter due to natural -Furnace & water heater
wage replacement
disaster
repair and replacement
-Medical related equipment, -Shelter during a Social Security -COBRA
insurance
supplies, or furniture
Disability Determination
payments
The Community Support Fund Law Rule Handbook provides more information on how a member of the
Nation may qualify for each category of assistance of the Community Support Fund and the maximum
amount of assistance provided for each category of assistance. The Community Support Fund Law Rule
Handbook can be found online in the Oneida Code of Laws.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Community Support Fund law (“the Law”) was first adopted by the Oneida Business
Committee on May 15, 1996, for the purpose of assisting the greatest number of members of the Oneida
Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness or
injury, or emergency event when no other resources for assistance exist. [1 O.C. 125.1-1].
B. The Law was most recently amended by the Oneida Business Committee on January 11, 2017, through
the adoption of resolution BC-01-11-17-B.
C. On September 2, 2020, the Governmental Services Division Director, on behalf of the Economic
Support Services Department, submitted a request for the Legislative Operating Committee to consider
amendments to the Law in an effort to expand the assistance available under the Fund to members of
the Nation. The Legislative Operating Committee added the Law to its Active Files List on October 7,
2020.

SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments of the Nation participated in the development of
amendments to this Law and legislative analysis:

Page 2 of 8

9 of 59

Analysis to Draft 1
2020 12 16
17
18
19
20
21

 Economic Support Services Department.
B. The following laws were reviewed in the drafting of this analysis:
 Administrative Rulemaking law; and
 Rules of Appellate Procedure.

22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60

SECTION 4. PROCESS
A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.
 On September 2, 2020, the Governmental Services Division Director, on behalf of the Economic
Support Services Department, submitted a request for the Legislative Operating Committee to
consider amendments to the Law.
 The LOC added the amendments to the Active Files List on October 7, 2020.
 A draft and legislative analysis for the Law was accepted by the LOC on December 2, 2020.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of these amendments:
 October 15, 2020: Work meeting with Economic Support Services Department.
 October 21, 2020: Work meeting with LOC.
 October 29, 2020: Work meeting with LOC and Economic Support Services Department.
 December 2, 2020: Work meeting with LOC.
C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic
of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China
and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts
including effects on the stock market and the closing of all non-essential businesses. A public meeting
for the proposed amendments to this Law will not be held due to the COVID-19 pandemic, but the
submission of written comments will still be permitted.
 Declaration of a Public Health State of Emergency.
 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State
of Emergency” regarding the COVID-19 pandemic which declared a Public Health State
of Emergency for the Nation until April 12, 2020, and set into place the necessary authority
for action to be taken and allows the Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses.
 The Public Health State of Emergency has since been extended until January 12, 2020, by
the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, and BC-12-09-20-D.
 COVID-19 Core Decision Making Team Declarations: Safer at Home.
 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration which ordered all individuals present within the Oneida Reservation
to stay at home or at their place of residence, with certain exceptions allowed. This
declaration prohibited all public gatherings of any number of people.
 On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer
at Home” declaration which allowed for gaming and golf operations to resume.
 On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home
Declaration, Amendment, Open for Business” which directs that individuals within the

Page 3 of 8

10 of 59

Analysis to Draft 1
2020 12 16
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104



Oneida Reservation should continue to stay at home, businesses can re-open under certain
safer business practices, and social distancing should be practiced by all persons.
 On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at
Home” declaration which lessened the restrictions of the “Safer at Home Declaration,
Amendment, Open for Business” while still providing guidance and some restrictions. This
declaration prohibits all public and private gatherings of more than twenty (20) people that
are not part of a single household or living unit.
 On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”
which sets minimum standards for the safe re-opening of a building or recall of employees
to work.
COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the
Legislative Procedures Act.
 On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act's requirement to hold a public meeting during
the public comment period, but allows members of the community to still participate in the
legislative process by submitting written comments, questions, data, or input on proposed
legislation to the Legislative Operating Committee via e-mail during the public comment
period.
 Although a public meeting will not be held on the proposed amendments to the Community
Support Fund law, a public comment period will still be held open until January 13, 2021,
in accordance with the Legislative Procedures Act and the COVID-19 Core Decision
Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act”
declaration.

SECTION 5. CONTENTS OF THE LEGISLATION
A. Definition for Immediate Family. The proposed amendments to the Law revise the definition for
“immediate family.” The Law now defines “immediate family” as an applicant’s husband, wife,
mother, father, son, daughter, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew,
cousin, and any of these relations attained through marriage or legal adoption, as well as a person who
has legal responsibility for the applicant, or a person the applicant has legal responsibility of. [1 O.C.
125.3-1(j)]. Previously, “immediate family” was defined as that group of persons who make up a
family unit normally defined as husband, wife, children, sister, brother, in-laws, step family,
grandparents and grandchildren, and/or a person who has legal responsibility for the applicant. The
term “immediate family” is most frequently used in the Law in reference to assistance for funeral travel
expenses.
 Effect. The proposed amendments expand the definition of immediate family to better reflect
familial relationships amongst members of the Nation. The Economic Support Services Department
made the recommendation to expand this definition based on requests for assistance that have been
submitted, in an effort to better meet the needs of members of the Nation.
B. Public Health Emergency as a Qualification for Assistance. The proposed amendments to the Law
now specify that a public health emergency is a type of catastrophic event or catastrophic illness or
injury which qualifies an applicant for assistance. [1 O.C. 125.4-6(f)]. The public health emergency
qualification is in addition to the following types of catastrophic events, and catastrophic illnesses or

Page 4 of 8

11 of 59

Analysis to Draft 1
2020 12 16
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148

injuries that were previously specified in the Law: terminally ill, physically challenged or incapacitated,
major medical surgery, life threatening, natural disaster, and death in immediate family. [1 O.C. 125.46].
 Effect. The proposed amendment to the Law provides greater clarification that a public health
emergency does qualify as a type of catastrophic event or catastrophic illness or injury a person
may apply for assistance for. During the COVID-19 pandemic the Economic Support Services
Department did view the Nation’s declaration of a Public Health State of Emergency as an
emergency event that would qualify a person for assistance, but requested that the Law be clarified
to specify this.
C. Utility and Rent Assistance during Waiting Period for a Social Security Disability Determination.
The proposed amendments to the Law limit rent and utility assistance from the Fund during a waiting
period for a Social Security Disability Determination to a maximum period of twelve (12) months. [1
O.C. 125.6-1(l)]. Previously, the Law provided no limitation on how long a person may receive rent
and utility assistance during the waiting period for a Social Security Disability Determination.
 Effect. Due to the fact that the Fund is funded entirely by tribal contribution, the proposed
amendment to the Law limits the period of time a person may receive rent and utility assistance
during a waiting period for a Social Security Disability Determination in an effort to preserve the
Fund so assistance can be provided to a greater number of applicants.
D. Security Deposit Assistance. The proposed amendments to the Law remove the limitation that security
deposit assistance only be provided to members of the Nation who are residents of Wisconsin only. [1
O.C. 125.6-2]. The proposed amendments also remove the provision which states that security deposits
are non-transferable, and the requirement that the amount paid for a security deposit shall be paid back
to the Fund before another security deposit is issued at any time in the future. [1 O.C. 125.6-2(b)]. The
proposed amendments to the Law also remove the statement that multiple consecutive requests may be
made.
 Effect. The removal of the requirement that security deposit assistance only be provided to
members of the Nation that are residents of Wisconsin greatly expands who may be eligible to
apply for security deposit assistance. It was unknown to the Economic Support Services
Department why security deposit assistance was limited to residents of Wisconsin only, since that
was the only type of limitation that had a residency limitation.
E. Utilities Assistance. The proposed amendments to the Law added a provision which states that an
applicant shall demonstrate that he or she applied to his or her local Energy Assistance Program before
applying for assistance from the Fund. [1 O.C. 125.6-3]. Previously, the section of the Law on utilities
assistance did not mention this requirement, although the Law generally provided that applicants shall
first seek out other resources that can meet the needs of their request. [1 O.C. 125.4-5].
 Effect. The inclusion of the statement that an applicant has to demonstrate that he or she applied to
his or her local Energy Assistance Program before applying for the Fund provides further
clarification on how an applicant can meet the Law’s requirement of first seeking out other
resources that can meet the needs of their request.
F. Funeral Travel Expenses. The proposed amendments to the Law remove the requirement that
assistance to arrange or attend a funeral for immediate family members is only allowed when the travel
is outside the state where the applicant resides. [1 O.C. 125.6-1(n), 125.6-4].
 Effect. The proposed amendments to the Law expand the availability of assistance for funeral travel
expenses for members of the Nation. Instead of restricting assistance for funeral travel expenses to

Page 5 of 8

12 of 59

Analysis to Draft 1
2020 12 16
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192

outside the state where the applicant resides, the Economic Support Services Department provided
that the corresponding rule in the Community Support Fund Law Rule Handbook will include
minimum distance requirements that qualify a person for assistance. The Economic Support
Services Department made this recommendation based on the understanding that there may be great
distances within the state the applicant resides that would prevent the applicant from attending or
arranging a funeral if the applicant did not have access to assistance.
G. Items not Covered by the Fund. The proposed amendments to the Law specify additional expenses
that are not eligible for assistance from the Fund. [1 O.C. 125.7-1]. The proposed amendments to the
Law provide that lodging assistance due to homelessness or for any other reason not related to a
catastrophic event or emergency event, insurance deductibles, and home renovations not related to
handicap accessibility are not covered by the Fund. [1 O.C. 125.7-1(h)(l)(m)].
 Effect. The proposed amendments to the Law provide further clarification as to different expenses
that will not be eligible for assistance from the Fund. The Economic Support Services Department
requested that extra clarification be provided on expenses included in the proposed amendments
because they receive frequent requests for assistance for these expenses which are denied for not
meeting the qualifications for assistance from the Fund.
H. Verification of Household Income. The proposed amendments to the Law remove the requirement
that an applicant provide verification of all household income the last thirty (30) business days
immediately prior to the submission of the application. [1 O.C. 125.8-2].
 Effect. The proposed amendments to the Law remove the requirement to provide verification of all
household income because the Economic Support Services Department determined it was
unnecessary to require this information when there are no income requirements to qualify an
applicant for assistance from the Fund.
I. Time Period for Submission of Applications. The proposed amendments to the Law extend the time
period to submit an application for assistance to forty-five (45) days after a catastrophic event,
catastrophic illness or injury, or emergency event. [1 O.C. 125.8-5]. Previously, the Law required that
all applications for assistance be submitted within thirty (30) business days of a catastrophic event,
catastrophic illness or injury, or emergency event.
 Effect. The time period to submit an application for assistance from the Fund was extended an
additional fifteen (15) business days by the proposed amendments to the Law. The Legislative
Operating Committee proposed this amendment to the Law based on the understanding that when
a person is experiencing a catastrophic event, catastrophic illness or injury, or emergency event it
may be more difficult for the person to collect the necessary supporting documentation and submit
an application. The Legislative Operating Committee wanted to ensure that the Law provides grace
and flexibility to an applicant as they navigate through the catastrophic event, catastrophic illness
or injury, or emergency event.
J. Appeals. The proposed amendments to the Law adjust the appeal process to reflect the reorganization
of the Governmental Services Division. The Law provides that a person may appeal the decision of the
case manager to the director of the Fund Operator. [1 O.C. 125.9-2]. A person may then appeal the
decision of the Fund Operator to the Governmental Services Division Director. [1 O.C. 125.9-3]. And
a person then may further appeal the decision of the Governmental Services Division Director by filing
a complaint with the Trial Court. [1 O.C. 125.9-4]. Previously, the Law provided that an appeal of the
case manager’s decision could be made to the Program Director, which is the same at the Director of
the Fund Operator. An appeal of the Program Director’s decision could then be made to the Area

Page 6 of 8

13 of 59

Analysis to Draft 1
2020 12 16
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213

Manager. And then an appeal of the Area Manager’s decision could be made to the Oneida Court of
Appeals.
 Effect. The proposed amendments to the Law amend the appeal process in two (2) ways. First, an
appeal of the Director of the Fund Operator’s decision can now be made to the Governmental
Services Division Director instead of the Area Manager as formally drafted because the
Governmental Services Division has been reorganized since the onset of the COVID-19 pandemic
and no longer has Area Managers. Second, an appeal of the Governmental Services Division
Director’s decision can be made by filing a complaint with the Trial Court. Previously, appeals
were made directly to the Oneida Court of Appeals. The Rules of Appellate Procedure provide that
any party to a civil action, who is aggrieved by a final judgment or order of the Trial Court or
original hearing body, may appeal to the Court of Appeals. [8 O.C. 805.5-1]. An original hearing
body is defined as the administrative agency decision-making panel which heard a contested case
under the Administrative Procedures Act, or similar law, and from which appeal is permitted by
law. [8 O.C. 805.3-1(s)]. Although the Law previously permitted appeals of the Area Manager to
be made directly to the Court of Appeals, the Area Manager was not an administrative agency
decision making panel which heard contested cases under the Administrative Procedures Act or
similar law, and therefore it is more appropriate for the appeal to be filed as a complaint with the
Trial Court instead of directly to the Court of Appeals.
K. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the
Law for clarity.

214
215
216
217
218
219
220
221
222
223
224
225

SECTION 6. EXISTING LEGISLATION

226
227
228
229
230
231
232
233
234

SECTION 7. OTHER CONSIDERATIONS

A. References to other Laws of the Nation. The following laws of the Nation are referenced in this Law:
 Administrative Rulemaking law. The Administrative Rulemaking law provides a process for the
adoption and amendments of administrative rules. [1 O.C. 106.1-1].
 This Law provides that the Fund Operator shall promulgate rules for the administration of
the Fund which shall include the list of categories the Fund covers and a cap that sets the
amount of assistance per event/per household, except for funeral expenses which shall be set
per event/per person. [1 O.C. 125.4-1(a)(1)].
 This Law provides that the rules promulgated by the Fund Operator may include additional
items not listed in section 125.6 of the Law, as long as the rule does not conflict with any
provision of the Law. [1 O.C. 125.4-1(a)(2)].

A. Community Support Fund Law Rule Handbook. The Law requires that the Fund Operator promulgate
rules for the administration of the Fund which shall include the list of categories the Fund covers and a
cap that sets the amount of assistance. [1 O.C. 125.4-1]. After amendments to the Law were adopted
by the Oneida Business Committee through resolution BC-01-11-17-B, the Community Support Fund
Law Rule Handbook was then adopted by the Oneida Business Committee on January 24, 2018. Upon
the adoption of the proposed amendments to the Law the Economic Support Services Department will
need to make amendments to the Community Support Fund Law Rule Handbook in accordance with
the Administrative Rulemaking law. The amendments to the Community Support Fund Law Rule

Page 7 of 8

14 of 59

Analysis to Draft 1
2020 12 16
235
236
237
238
239
240
241
242
243
244
245

246
247
248
249
250
251
252
253
254
255
256
257

Handbook would make revisions necessary to comply with the Law and addresses additional revisions
desired by the Economic Support Services Department.
 Conclusion. It would be best practice for the Legislative Operating Committee to communicate
and work with the Economic Support Services Department to ensure the certification and adoption
of the Community Support Fund Law Rule Handbook amendments can coincide as closely as
possible with the adoption of the amendments to the Community Support Fund law.
B. Use of the Community Support Fund. In an effort to provide a better understanding on how the
Community Support Fund is utilized by the membership, the following information was provided by
the Economic Support Services Department which demonstrates how many times a year the category
of the Fund was utilized, as well as the total benefit amount provided for each category of the Fund
from January 1, 2020 until November 1, 2020.
Category of Assistance from
Times
Times
Times
Total Benefit
Community Support Fund
Fund
Fund
Fund
Amount
Utilized in Utilized in Utilized in
Provided
2018
2019
2020
Appliance Repair/Replacement
6
9
11
$37,851.63
Auto Repairs
30
8
14
$23,285.29
Catastrophic Rent
210
88
133
$194,499.62
COBRA Insurance Payments
0
0
1
$391.38
Dental Expenses
7
3
6
$6,965.00
Fire Recovery/Natural Disaster
5
6
0
$1,811.64
Funeral Travel
30
6
11
$15,254.49
Home Renovations
1
0
0
$200.00
Inpatient Treatment
1
2
3
$15,735.80
Medical Bill Payments
47
25
20
$115,864.17
Medical Travel
155
68
18
$19,046.61
Medical Related Equipment/Service
10
2
16
$21,539.77
Optical Expenses
9
2
3
$2,084.50
Prescriptions
5
2
0
$1,375.60
Security Deposit
19
9
9
$16,630.00
SSD Determination Rent
88
63
18
$68,283.36
SSD Determination Utility
27
25
4
$5,643.56
Utilities
82
31
18
$21,434.57
FMLA Wage Replacement
21
15
5
$14,700.00
*Data provided by the Economic Support Services Department on November 24, 2020.
C. Fiscal Impact. A fiscal impact statement of the proposed amendments to the Law will have to be
requested. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation
except emergency legislation. [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,”
provides further clarification on who the Legislative Operating Committee may direct complete a fiscal
impact statement at various stages of the legislative process, as well as timeframes for completing the
fiscal impact statement.
 Conclusion. The Legislative Operating Committee will have to determine which entity is best
suited to complete a fiscal impact statement, and direct that a fiscal impact statement be completed.

Page 8 of 8

15 of 59

Draft 1 (Redline to Current)- Public Comment Draft
2020 12 16
Title 1. Government and Finances – Chapter 125
COMMUNITY SUPPORT FUND
Kaya>takenh@sla tsi> niyukwana=t@y<
It is helpful
where our community lays
COMMUNITY SUPPORT FUND
125.1. Purpose and Policy
125.2. Adoption, Amendment, Repeal
125.3. Definitions
125.4. Responsibilities, Eligibility and Qualifications
125.5. Priorities for Consideration

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37

125.6. Items Covered by the Fund
125.7. Items not Covered by the Fund
125.8. Application Requirements
125.9. Decision and Appeal

125.1.
Purpose and Policy
125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the
Oneida Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic
illness, or injury, or emergency event when no other resources for assistance exist.
125.1-2. Policy. It is the policy of the Oneida Nation to assist theirits people in a time of need
after a catastrophic event, catastrophic illness, or injury, or emergency event, when there is no
other assistance available or all other assistance has been exhausted.
125.2.
Adoption, Amendment, Repeal
125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-505-15-96A and amended by resolutions BC-01-08-97-G, BC-12-111-13-D and, BC-01-11-17-B. and BC__-__-__-__.
125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
125.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
125.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
125.3.
Definitions
125.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Applicant” means the subject of the application for assistance.
(b) “Business daysday” means Monday through Friday from 8:00 a.m. to 4:30 p.m.,
excluding Nation holidays. of the Nation.
(c) “Case manager” means an employee within the Fund Operator responsible for
administering Fund benefits.
(d) “Catastrophic event” means a natural or man-made incident, which results in
substantial damage or loss requiring major financial resources to repair or recover (i.e. ,
including, but not limited to, a house fire, tornado, flood, or other disaster)..
(e) “Catastrophic illness or injury” means a serious debilitating illness, injury, impairment,
or physical or mental condition that involves:
(1) In-patient care;
(2) A period of continuing treatment due to a chronic serious health condition (such
1 O.C. 125 – Page 1

16 of 59

Draft 1 (Redline to Current)- Public Comment Draft
2020 12 16
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83

as, including, but not limited to, chemotherapy/, radiation, dialysis, and daily/ or
weekly therapy resulting from trauma, etc.); ;
(3) A period of illness or injury that is long-term due to a condition for which
treatment may be ineffective (, including, but not limited to, stroke, or terminal
disease, etc.);; or
(4) Multiple treatments either for restorative surgery after an accident or other
injury, or for a chronic condition. (i.e., including, but not limited to, cancer or
kidney disease)..
(f) “Emergency event” means a situation that poses an immediate risk to health, life,
safety, property, or environment. Emergencies require urgent intervention to prevent
further illness, injury, death, or other worsening of the situation.
(g) “Emergency medical travel” means an unexpected serious health situation or
occurrence, requiring the immediate presence of immediate family. (i.e.,, including, but
not limited to, end of life situation, or life support, etc.) .
(h) “Fund” means the Community Support Fund.
(i) “Fund Operator” means the Economic Support Services Department, or other area
within the Governmental Services Division designated authority over the operation of the
Fund.
(j) “Immediate family” means that group of persons who make up a family unit normally
defined as an applicant’s husband, wife, children, sister, mother, father, son, daughter,
brother, in-laws, step family, grandparentssister, grandparent, grandchild, aunt, uncle,
niece, nephew, cousin, and grandchildren, and/or a person any of these relations attained
through marriage or legal adoption, as well as a person who has legal responsibility for the
applicant, or a person the applicant has legal responsibility of.
(jk) “Legal guardian” means a person who has the legal authority to care for the personal
and property interests of another person granted through Court order.
(kl) “Legal responsibility” means specific duties imposed upon a person to care or provide
for another including liability for personal obligations as granted through a Power of
Attorney or Court order.
(l) m) “Major medical surgery” means a surgical procedure that carries a degree of risk to
the patient’s life, or the potential for severe disability if something goes wrong during
surgery. It is a surgical procedure that usually requires a patient to be put under general
anesthesia and given respiratory assistance because he or she cannot breathe independently.
(mn) “Nation” means the Oneida Nation.
(n(o) “Public health emergency” means the occurrence or imminent threat of an illness or
health condition which:
(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a
biological agent; and
(2) poses a high probability of any of the following:
(A) a large number of deaths or serious or long-term disability among
humans; or
(B) widespread exposure to a biological, chemical, or radiological agent
that creates a significant risk of substantial future harm to a large number
of people.
(p) “Rule” means a set of requirements enacted in accordance with the Administrative
Rulemaking law.

1 O.C. 125 – Page 2

17 of 59

Draft 1 (Redline to Current)- Public Comment Draft
2020 12 16
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129

(o) “Tribal” means the Oneida Nation.
(q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the
judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities
of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.
125.4.
Responsibilities, Eligibility and Qualifications
125.4-1. The Social Services Area of the Governmental Services Division shall be responsible
for operationResponsibilities of the Fund, but may designate Operator. The Fund Operator shall
have the following responsibilities in regard to the operation of the Fund to :
(a department within its control.
(a)) Administrative Rulemaking. The operators of the Fund Operator shall promulgate
rules, for the administration of the Fund that are consistent with this law. The rules:which:
(1) shall include the list of categories the Fund covers and a cap that sets the
amount of assistance per event/ per household, except for funeral expenses which
shall be set per event/per person.; and
(2) may include additional items not listed in section 125.6, as long as the rule does
not conflict with any provision of this law.
(b)
(b) Communication and Education. The Fund Operator shall ensure that the
Nation’s membership is informed of what assistance is available through the Fund, how to
apply for assistance, and who is eligible for assistance.
125.4-2. Reporting Requirements. The Governmental Services Division Director shall report
quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the
amount of funds paid out under each category of the Fund.
(c) The Social Services Area or designee shall ensure that the Nation’s membership is
informed of what assistance is available through the Fund, how to apply for assistance, and
who is eligible for assistance.
125.4-23. Eligibility for assistance provided under the Fund is reserved for enrolled members of
the Nation. Applications may be made by a non-member on the behalf of an enrolled member of
the Nation, provided the requested funds will benefit the member only and the non-member has
one (1) of the following relationships to the applicant:
(a) Is a parent of the applicant;
(b) Is the legal guardian of the applicant; or
(c) Has legal responsibility for the applicant.
125.4-34. Residency within the state of Wisconsin is not a prerequisite for assistance, except for
requests for a security deposit in accordance with section 125.6-2 from the Fund.
125.4-45. The Fund is a fund of last resort and provides assistance when there is no other financial
assistance available or all other assistance has been exhausted. Applicants shall first seek out other
resources that can meet the needs of their request. Proof of requesting assistance from other
sources shall be provided with the application.
125.4-56. The following types of catastrophic events, and catastrophic illnesses or injuries qualify
an applicant for assistance:
(a) Terminally ill;
(b) Physically challenged or incapacitated;
(c) Major medical surgery;

1 O.C. 125 – Page 3

18 of 59

Draft 1 (Redline to Current)- Public Comment Draft
2020 12 16
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175

(d) Life threatening (i.e., including, but not limited to, cancer, AIDS, stroke, and disabling
injuries due to motor vehicle accident, etc.);;
(e)
Natural disaster (i.e., including, but not limited to, tornado, fire, flood, etc.);;
(f) Public health emergency; and
(fg)Death in immediate family as identified in section 125.6-1(n)..
125.4-67. Assistance may be denied or limited for applicants who have elected not to be covered
by employer benefits such as disability or health insurance.
125.4-78. Except as otherwise provided in section 125.6-4, all payments shall be provided directly
to the service provider.
125.4-89. Assistance available under the Fund is subject to change according to fiscal year funding
levels.
125.4-910.
Oneida programs and enterprises are not eligible for these funds.
125.5.
Priorities for Consideration
125.5-1. The case manager shall determine the level of assistance to be provided based on:
(a) Severity of the catastrophic event, catastrophic illness, or injury, or emergency event;
(b) Cost (, usual and customary fees);;
(c) Amount of time elapsed since the catastrophic event, catastrophic illness, or injury, or
emergency event occurred; and
(d) The Fund’s appropriate promulgated rules.
125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate
needs. Priorities are as follows:
(a) Life-threatening emergency requests;
(b) Emergency medical travel; and
(c) Other needs.
125.6.
Items Covered by the Fund
125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic
event, catastrophic illness, or injury, or emergency event. Upon verification of a catastrophic
event, catastrophic illness, or injury, or emergency event, the Fund may be used for the following:
(a) COBRA Insurance Payments;
(b) Prescriptions not available through an Indian Health Services clinic;
(c) Medical transportation/ or emergency medical travel including vehicle repairs;
(d) Medical-related equipment, supplies, or furniture;
(e) Medical bills (, including dental, optical, and hospital), not covered by insurance;
(f) Mortgage payments and rent payments (including security deposits),, where no other
resources exist in accordance with section 125.6-2;
(g) Utility disconnections in accordance with section 125.6-3;
(h) Inpatient Treatment (, with a limit of once per lifetime);;
(i) Fire recovery/ and natural disaster assistance;
(j) Home renovations required for handicap accessibility;
(k) Family Medical Leave Act wage replacement;
(l) Waiting period for a Social Security Disability Determination rent and utility assistance
up to a maximum of twelve (12) months;
(m) Appliance repair for essential appliances as defined in the rules which the Fund
operator shall develop; and/or

1 O.C. 125 – Page 4

19 of 59

Draft 1 (Redline to Current)- Public Comment Draft
2020 12 16
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221

(n) Travel expenses to arrange or attend a funeral for immediate family members outside
the state where an applicant resides, in accordance with section 125.6-4.
125.6-2. Security depositDeposit. The Fund shall only provide assistance for a security deposit
when it is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency
event, on an emergency basis which shall include, but is not limited to, pending eviction and
homelessness. Security deposit assistance is limited to Tribal members who are Wisconsin
residents only.
(a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The
operators of the Fund shall not co-sign any lease.
(b) Security deposits are non-transferable and the amount paid for a security deposit shall
be paid back to the Fund before another security deposit is issued at any time in the future.
(c(b) Only one (1) request per household shall be considered; multiple consecutive
requests may be made.
125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two
(2) years by the person listed as responsible to pay with the utility company. An applicant shall
demonstrate that he or she applied to his or her local Energy Assistance Program before applying
for assistance from the Fund.
125.6-4. Funeral expensesTravel Expenses. An applicant may receive assistance with travel
expenses, up to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral
for immediate family members outside the state where the applicant resides.. Unless the rules
allow for direct payment to the travel provider by the Fund Operator, such assistance is required
to be in the form of reimbursement, provided that mileage assistance shall always be in the form
of reimbursement.
125.7.
Items not Covered by the Fund
125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event,
catastrophic illness, or injury, or emergency event as defined above. The following is a list of items
not covered by the Fund; however, this is not an exhaustive list:
(a) Car payments;
(b) Taxes;
(c) Credit card or charge accounts;
(d) Commercial loans;
(e) Defaults/, fines/, or bankruptcy charges;
(f) Expenses not tied to basic needs (such as cable, internet, memberships, etc.);.;
(g) Legal fees/, court costs/, judgments;
(h) Homeless lodging assistance;
(h) Lodging assistance due to homelessness, or for any other reason not related to a
catastrophic event or emergency event;
(i) Health membership fees;
(j) Food and personal care items;
(k) Stabilization rent assistance;
(l) Insurance deductibles;
(m) Home renovations not related to handicap accessibility; and
(ln) Department of Corrections re-entry assistance.
125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the
following:

1 O.C. 125 – Page 5

20 of 59

Draft 1 (Redline to Current)- Public Comment Draft
2020 12 16
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267

(a) The catastrophic event, catastrophic illness, or injury or emergency event is the result
of a violation of the law as proven by a citation or criminal conviction;
(b) The applicant or others in the household benefiting from assistance from the Fund are
non-compliant with the requirements of other Nation programs, policies or laws; and/or
(c) The applicant or others in the household benefiting from assistance from the Fund are
non-compliant with the requirements of the Fund.
125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall
provide an explanation of the decision in writing to the applicant with a copy placed in the
applicant’s file.
125.8.
Application Requirements
125.8-1. To be considered for assistance and before receiving assistance the applicant shall
complete the full application process. All applicants shall cooperate with the case manager to
assist the case manager in comprehensively addressing the needs of the applicant(s). Every
application shall contain a space for the applicant to identify a preferred method of contact. This
shall be the primary contact method. Case managers shall follow up every contact with written
correspondence, in order to make responses to the applicant in a timely manner so as to meet the
applicant’s needs.
125.8-2. Supporting documentation is required in all cases. The applicant is responsible to
provide all documentation requested by the case manager. No assistance may be provided without
sufficient documentation of:
(a) The catastrophic event, catastrophic illness, or injury, or emergency event;
(b) Proof that the applicant sought assistance from other agencies with an explanation of
benefits received or refusal of assistance by the other agencies;
(c) Enrollment in the Nation; and
(d) All household income the last thirty (30) business days immediately prior to the
submission of the application; and
(e(d) Status of employment which shall include the following as applicable:
(1) Leave of absence paperwork;
(2) Balance of personal and vacation time accumulation; and
(3) Disability insurance or workmen’s compensation coverage.
125.8-3. Documentation includes, but is not limited to:
(a) Medical reports;
(b) Bills or statements;
(c) Estimates;
(d) Letters;
(e) Police or fire reports;
(f) Obituary or formal notice of death;
(g) Check stubs;
(h) Pictures or photographs;
(i) Applications for assistance from other agencies; and/or
(j) Approval of assistance or denial of assistance letters from other agencies.
125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty
(30) business days.
(a) The case manager shall request additional information be provided when an application
contains insufficient information to make an informed decision.

1 O.C. 125 – Page 6

21 of 59

Draft 1 (Redline to Current)- Public Comment Draft
2020 12 16
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305

(b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information.
(c) Failure to submit the requested information within the thirty (30) business days shall
result in closing the application file, with no further action taken in regard to that
application.
(d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file
being closed.
(e) After the file is closed, the applicant shall start the application process over again in
order to be considered for assistance from the Fund. However, no applicant may re-apply
for the same catastrophic event, catastrophic illness, or injury, or emergency event more
than the limit stated within this law or the Fund’s rules.
125.8-5. Applications for assistance shall be made within a reasonable time period, not to exceed
thirty (30forty-five (45) business days of a catastrophic event or , catastrophic illness, or injury, or
emergency event. Applications made after thirty (30forty-five (45) business days shall not be
considered.
125.9.
Decision and Appeal
125.9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for which
an initial decision is required following the submission of a complete application. Such timeline
shall include available extensions for circumstances wherein the applicant has a determination of
award/ or coverage pending with another support/ or assistance resource.
125.9-2. Program Appeal to the Director Appeal.of the Fund Operator. An appeal of the case
manager’s decision shall be requested in writing to the Program Directordirector of the Fund
Operator within ten (10) business days after receipt of notice of the initial decision. Within ten
(10) business days after receiving the appeal, the Program Director The director of the Fund
Operator shall provide the applicant with notice of his or her decision on the matter. within ten
(10) business days after receiving the appeal.
125.9-3. Area Manager Appeal.Appeal to the Governmental Services Division Director. An
appeal of the Program Director’s decision of the director of the Fund Operator shall be requested
in writing to the Area ManagerGovernmental Services Division Director within ten (10) business
days after receipt of notice of the Program Director’sdirector of the Fund Operator’s decision.
Within ten (10) business days after receiving the appeal, the Area ManagerThe Governmental
Services Division Director shall provide the applicant with notice of his or her decision on the
matter. within ten (10) business days after receiving the appeal.
125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Area Manager to
the Oneida Court of Appeals in accordanceGovernmental Services Division Director by filing a
complaint with the Rules of Appellate ProcedureTrial Court.
End.
Adopted - BC-505-15-96-A
Amended - BC-1-801-08-97-G
Amended - BC-12-11-13-D
Amended - BC-01-11-17-B
Amended – BC-__-__-__-__

1 O.C. 125 – Page 7

22 of 59

Draft 1 - Public Comment Draft
2020 12 16
Title 1. Government and Finances – Chapter 125
Kaya>takenh@sla tsi> niyukwana=t@y<
It is helpful
where our community lays
COMMUNITY SUPPORT FUND
125.1. Purpose and Policy
125.2. Adoption, Amendment, Repeal
125.3. Definitions
125.4. Responsibilities, Eligibility and Qualifications
125.5. Priorities for Consideration

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

125.6. Items Covered by the Fund
125.7. Items not Covered by the Fund
125.8. Application Requirements
125.9. Decision and Appeal

125.1.
Purpose and Policy
125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the
Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic illness
or injury, or emergency event when no other resources for assistance exist.
125.1-2. Policy. It is the policy of the Nation to assist its people in a time of need after a
catastrophic event, catastrophic illness or injury, or emergency event, when there is no other
assistance available or all other assistance has been exhausted.
125.2.
Adoption, Amendment, Repeal
125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-96A and amended by resolutions BC-01-08-97-G, BC-12-11-13-D, BC-01-11-17-B and BC-__-____-__.
125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures
Act.
125.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
125.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
125.3.
Definitions
125.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Applicant” means the subject of the application for assistance.
(b) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding
holidays of the Nation.
(c) “Case manager” means an employee within the Fund Operator responsible for
administering Fund benefits.
(d) “Catastrophic event” means a natural or man-made incident, which results in
substantial damage or loss requiring major financial resources to repair or recover,
including, but not limited to, a house fire, tornado, flood, or other disaster.
(e) “Catastrophic illness or injury” means a serious debilitating illness, injury, impairment,
or physical or mental condition that involves:
(1) In-patient care;
(2) A period of continuing treatment due to a chronic serious health condition,
including, but not limited to, chemotherapy, radiation, dialysis, and daily or weekly
1 O.C. 125 – Page 1

23 of 59

Draft 1 - Public Comment Draft
2020 12 16
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84

therapy resulting from trauma;
(3) A period of illness or injury that is long-term due to a condition for which
treatment may be ineffective, including, but not limited to, stroke or terminal
disease; or
(4) Multiple treatments either for restorative surgery after an accident or other
injury, or for a chronic condition, including, but not limited to, cancer or kidney
disease.
(f) “Emergency event” means a situation that poses an immediate risk to health, life,
safety, property, or environment. Emergencies require urgent intervention to prevent
further illness, injury, death, or other worsening of the situation.
(g) “Emergency medical travel” means an unexpected serious health situation or
occurrence, requiring the immediate presence of immediate family, including, but not
limited to, end of life situation or life support.
(h) “Fund” means the Community Support Fund.
(i) “Fund Operator” means the Economic Support Services Department, or other area
within the Governmental Services Division designated authority over the operation of the
Fund.
(j) “Immediate family” means an applicant’s husband, wife, mother, father, son, daughter,
brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, and any of
these relations attained through marriage or legal adoption, as well as a person who has
legal responsibility for the applicant, or a person the applicant has legal responsibility of.
(k) “Legal guardian” means a person who has the legal authority to care for the personal
and property interests of another person granted through Court order.
(l) “Legal responsibility” means specific duties imposed upon a person to care or provide
for another including liability for personal obligations as granted through a Power of
Attorney or Court order.
(m) “Major medical surgery” means a surgical procedure that carries a degree of risk to the
patient’s life, or the potential for severe disability if something goes wrong during surgery.
It is a surgical procedure that usually requires a patient to be put under general anesthesia
and given respiratory assistance because he or she cannot breathe independently.
(n) “Nation” means the Oneida Nation.
(o) “Public health emergency” means the occurrence or imminent threat of an illness or
health condition which:
(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a
biological agent; and
(2) poses a high probability of any of the following:
(A) a large number of deaths or serious or long-term disability among
humans; or
(B) widespread exposure to a biological, chemical, or radiological agent
that creates a significant risk of substantial future harm to a large number
of people.
(p) “Rule” means a set of requirements enacted in accordance with the Administrative
Rulemaking law.
(q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the
judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

1 O.C. 125 – Page 2

24 of 59

Draft 1 - Public Comment Draft
2020 12 16
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.
125.4.
Responsibilities, Eligibility and Qualifications
125.4-1. Responsibilities of the Fund Operator. The Fund Operator shall have the following
responsibilities in regard to the operation of the Fund:
(a) Administrative Rulemaking. The Fund Operator shall promulgate rules for the
administration of the Fund which:
(1) shall include the list of categories the Fund covers and a cap that sets the amount
of assistance per event/per household, except for funeral expenses which shall be
set per event/per person; and
(2) may include additional items not listed in section 125.6, as long as the rule does
not conflict with any provision of this law.
(b) Communication and Education. The Fund Operator shall ensure that the Nation’s
membership is informed of what assistance is available through the Fund, how to apply for
assistance, and who is eligible for assistance.
125.4-2. Reporting Requirements. The Governmental Services Division Director shall report
quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the
amount of funds paid out under each category of the Fund.
125.4-3. Eligibility for assistance provided under the Fund is reserved for enrolled members of
the Nation. Applications may be made by a non-member on the behalf of an enrolled member of
the Nation, provided the requested funds will benefit the member only and the non-member has
one (1) of the following relationships to the applicant:
(a) Is a parent of the applicant;
(b) Is the legal guardian of the applicant; or
(c) Has legal responsibility for the applicant.
125.4-4. Residency within the state of Wisconsin is not a prerequisite for assistance from the
Fund.
125.4-5. The Fund is a fund of last resort and provides assistance when there is no other financial
assistance available or all other assistance has been exhausted. Applicants shall first seek out other
resources that can meet the needs of their request. Proof of requesting assistance from other sources
shall be provided with the application.
125.4-6. The following types of catastrophic events, and catastrophic illnesses or injuries qualify
an applicant for assistance:
(a) Terminally ill;
(b) Physically challenged or incapacitated;
(c) Major medical surgery;
(d) Life threatening, including, but not limited to, cancer, AIDS, stroke, and disabling
injuries due to motor vehicle accident;
(e) Natural disaster, including, but not limited to, tornado, fire, flood;
(f) Public health emergency; and
(g) Death in immediate family.
125.4-7. Assistance may be denied or limited for applicants who have elected not to be covered
by employer benefits such as disability or health insurance.
125.4-8. Except as otherwise provided in section 125.6-4, all payments shall be provided directly
to the service provider.
125.4-9. Assistance available under the Fund is subject to change according to fiscal year funding

1 O.C. 125 – Page 3

25 of 59

Draft 1 - Public Comment Draft
2020 12 16
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176

levels.
125.4-10. Oneida programs and enterprises are not eligible for these funds.
125.5.
Priorities for Consideration
125.5-1. The case manager shall determine the level of assistance to be provided based on:
(a) Severity of the catastrophic event, catastrophic illness or injury, or emergency event;
(b) Cost, usual and customary fees;
(c) Amount of time elapsed since the catastrophic event, catastrophic illness or injury, or
emergency event occurred; and
(d) The Fund’s appropriate promulgated rules.
125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate
needs. Priorities are as follows:
(a) Life-threatening emergency requests;
(b) Emergency medical travel; and
(c) Other needs.
125.6.
Items Covered by the Fund
125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic
event, catastrophic illness or injury, or emergency event. Upon verification of a catastrophic event,
catastrophic illness or injury, or emergency event, the Fund may be used for the following:
(a) COBRA Insurance Payments;
(b) Prescriptions not available through an Indian Health Services clinic;
(c) Medical transportation or emergency medical travel including vehicle repairs;
(d) Medical-related equipment, supplies, or furniture;
(e) Medical bills, including dental, optical, and hospital, not covered by insurance;
(f) Mortgage payments and rent payments including security deposits, where no other
resources exist;
(g) Utility disconnections;
(h) Inpatient Treatment, with a limit of once per lifetime;
(i) Fire recovery and natural disaster assistance;
(j) Home renovations required for handicap accessibility;
(k) Family Medical Leave Act wage replacement;
(l) Waiting period for a Social Security Disability Determination rent and utility assistance
up to a maximum of twelve (12) months;
(m) Appliance repair for essential appliances; and/or
(n) Travel expenses to arrange or attend a funeral for immediate family members.
125.6-2. Security Deposit. The Fund shall only provide assistance for a security deposit when it
is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency event, on
an emergency basis which shall include, but is not limited to, pending eviction and homelessness.
(a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The
operators of the Fund shall not co-sign any lease.
(b) Only one (1) request per household shall be considered.
125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two
(2) years by the person listed as responsible to pay with the utility company. An applicant shall
demonstrate that he or she applied to his or her local Energy Assistance Program before applying
for assistance from the Fund.

1 O.C. 125 – Page 4

26 of 59

Draft 1 - Public Comment Draft
2020 12 16
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222

125.6-4. Funeral Travel Expenses. An applicant may receive assistance with travel expenses, up
to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral for immediate
family members. Unless the rules allow for direct payment to the travel provider by the Fund
Operator, such assistance is required to be in the form of reimbursement, provided that mileage
assistance shall always be in the form of reimbursement.
125.7.
Items not Covered by the Fund
125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event,
catastrophic illness or injury, or emergency event as defined above. The following is a list of items
not covered by the Fund; however, this is not an exhaustive list:
(a) Car payments;
(b) Taxes;
(c) Credit card or charge accounts;
(d) Commercial loans;
(e) Defaults, fines, or bankruptcy charges;
(f) Expenses not tied to basic needs such as cable, internet, memberships, etc.;
(g) Legal fees, court costs, judgments;
(h) Lodging assistance due to homelessness, or for any other reason not related to a
catastrophic event or emergency event;
(i) Health membership fees;
(j) Food and personal care items;
(k) Stabilization rent assistance;
(l) Insurance deductibles;
(m) Home renovations not related to handicap accessibility; and
(n) Department of Corrections re-entry assistance.
125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the
following:
(a) The catastrophic event, catastrophic illness or injury or emergency event is the result
of a violation of the law as proven by a citation or criminal conviction;
(b) The applicant or others in the household benefiting from assistance from the Fund are
non-compliant with the requirements of other Nation programs, policies or laws; and/or
(c) The applicant or others in the household benefiting from assistance from the Fund are
non-compliant with the requirements of the Fund.
125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall
provide an explanation of the decision in writing to the applicant with a copy placed in the
applicant’s file.
125.8.
Application Requirements
125.8-1. To be considered for assistance and before receiving assistance the applicant shall
complete the full application process. All applicants shall cooperate with the case manager to
assist the case manager in comprehensively addressing the needs of the applicant(s). Every
application shall contain a space for the applicant to identify a preferred method of contact. This
shall be the primary contact method. Case managers shall follow up every contact with written
correspondence, in order to make responses to the applicant in a timely manner so as to meet the
applicant’s needs.
125.8-2. Supporting documentation is required in all cases. The applicant is responsible to

1 O.C. 125 – Page 5

27 of 59

Draft 1 - Public Comment Draft
2020 12 16
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261

provide all documentation requested by the case manager. No assistance may be provided without
sufficient documentation of:
(a) The catastrophic event, catastrophic illness or injury, or emergency event;
(b) Proof that the applicant sought assistance from other agencies with an explanation of
benefits received or refusal of assistance by the other agencies;
(c) Enrollment in the Nation; and
(d) Status of employment which shall include the following as applicable:
(1) Leave of absence paperwork;
(2) Balance of personal and vacation time accumulation; and
(3) Disability insurance or workmen’s compensation coverage.
125.8-3. Documentation includes, but is not limited to:
(a) Medical reports;
(b) Bills or statements;
(c) Estimates;
(d) Letters;
(e) Police or fire reports;
(f) Obituary or formal notice of death;
(g) Check stubs;
(h) Pictures or photographs;
(i) Applications for assistance from other agencies; and/or
(j) Approval of assistance or denial of assistance letters from other agencies.
125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty
(30) business days.
(a) The case manager shall request additional information be provided when an application
contains insufficient information to make an informed decision.
(b) Applicants may deliver, scan, fax, mail, or e-mail additional requested information.
(c) Failure to submit the requested information within the thirty (30) business days shall
result in closing the application file, with no further action taken in regard to that
application.
(d) Applicants shall be sent a notice that the file has been closed and reason(s) for the file
being closed.
(e) After the file is closed, the applicant shall start the application process over again in
order to be considered for assistance from the Fund. However, no applicant may re-apply
for the same catastrophic event, catastrophic illness or injury, or emergency event more
than the limit stated within this law or the Fund’s rules.
125.8-5. Applications for assistance shall be made within a reasonable time period, not to exceed
forty-five (45) business days of a catastrophic event, catastrophic illness or injury, or emergency
event. Applications made after forty-five (45) business days shall not be considered.

1 O.C. 125 – Page 6

28 of 59

Draft 1 - Public Comment Draft
2020 12 16
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281

125.9.
Decision and Appeal
125.9-1. Initial Decision. The Fund Operator shall include in the Fund rules a timeline for which
an initial decision is required following the submission of a complete application. Such timeline
shall include available extensions for circumstances wherein the applicant has a determination of
award or coverage pending with another support or assistance resource.
125.9-2. Appeal to the Director of the Fund Operator. An appeal of the case manager’s decision
shall be requested in writing to the director of the Fund Operator within ten (10) business days
after receipt of notice of the initial decision. The director of the Fund Operator shall provide the
applicant with notice of his or her decision on the matter within ten (10) business days after
receiving the appeal.
125.9-3. Appeal to the Governmental Services Division Director. An appeal of the decision of
the director of the Fund Operator shall be requested in writing to the Governmental Services
Division Director within ten (10) business days after receipt of notice of the director of the Fund
Operator’s decision. The Governmental Services Division Director shall provide the applicant
with notice of his or her decision on the matter within ten (10) business days after receiving the
appeal.
125.9-4. Oneida Judiciary Appeal. An applicant may appeal a decision of the Governmental
Services Division Director by filing a complaint with the Trial Court.
End.
Adopted - BC-05-15-96-A
Amended - BC-01-08-97-G
Amended - BC-12-11-13-D
Amended - BC-01-11-17-B
Amended – BC-__-__-__-__

1 O.C. 125 – Page 7

29 of 59

Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

Legislative Operating Committee
December 16, 2020

Emergency Management and
Homeland Security Law
Amendments
Submission Date: 3/17/20
LOC Sponsor: David P. Jordan

Public Meeting: N/A
Emergency Enacted: 3/17/20

Summary: This item was carried over from last term. The request for emergency amendments was
added to the AFL in March 2020 in response to the COVID-19 pandemic. On March 12, 2020, Chairman
Tehassi Hill signed a “Declaration of Public Health State of Emergency” in response to the COVID-19
pandemic, which has since been extended. The emergency amendments created and delegated authority
to a COVID-19 Core Decision Making Team – which allowed the COVID-19 Team to make changes to
internal operations and laws in a more efficient manner. The Oneida Business Committee adopted the
emergency amendments through resolution BC-03-17-20-E. These emergency amendments were set to
expire on September 17, 2020. The Oneida Business Committee extended the emergency amendments to
the Emergency Management and Homeland Security law for an additional six (6) month period beginning
on September 17, 2020, through the adoption of resolution BC-08-26-20-A. The emergency amendments
will now expire on March 17, 2021.
10/7/20 LOC: Motion by Jennifer Webster to add the Emergency Management and Homeland Security Law
Amendments to the Active Files List with David Jordan as the sponsor; seconded by Marie
Summers. Motion carried unanimously.
Motion by Jennifer Webster to Enter into the record the results of the August 24, 2020, e-poll
titled, “Approval of Emergency Amendments to the Oneida Higher Education Pandemic
Relief Fund Law;” seconded by Marie Summers. Motion carried unanimously.
11/4/20:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Marie Summers, Cristina Danforth, Clorissa N. Santiago, Deborah Thundercloud,
Debra Danforth, Michelle Myers, Kelly McAndrews, Mollie Passon, Kaylynn Gresham,
Robert Keck, Melinda Danforth, Kristal Hill, Rhiannon Metoxen, James Petitjean. This was a
work meeting held through Microsoft Teams. The purpose of this work meeting was to have
a general discussion on the COVID-19 Core Decision Making Team and if/how it should be
permanently included in the law, and then read through the law line-by-line and discuss other
potential permanent amendments that should be made. The attorney will update the draft based
on this discussion and schedule another work meeting with the team to review the draft.

12/8/20:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Marie Summers, Clorissa N. Santiago, Michelle Myers, Mollie Passon, Kaylynn
Gresham, Richard Figueroa, Kristal Hill, Rhiannon Metoxen, James Petitjean. This was a

Page 1 of 2

30 of 59

work meeting held through Microsoft Teams. The purpose of this work meeting was to review
the updated draft of the proposed amendments to the law. Attorney will update the draft based
on these discussions and prepare the legislative analysis and public meeting packet.
12/10/20:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Marie Summers, Clorissa N. Santiago, Rhiannon Metoxen, James Petitjean. This was a
work meeting held through Microsoft Teams. The purpose of this work meeting was to finalize
a decision as to whether the Community/Public Health Officer should have the authority to
order individuals to take a vaccination during a public health emergency.

Next Steps:
 Approve the Emergency Management and Homeland Security law amendments draft, legislative
analysis, and public comment period packet and forward the Emergency Management and Homeland
Security law amendments to a public comment period to be held open until January 13, 2021.

Page 2 of 2

31 of 59

ONEIDA NATION
PUBLIC COMMENT PERIOD NOTICE

Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings

Due to the COVID-19 Public Health Emergency
Only Written Comments Will Be Accepted Until:

WEDNESDAY January 13, 2021

Send Public Comments to
LOC@oneidanation.org

Ask Questions here
LOC@oneidanation.org

EMERGENCY MANAGEMENT AND
HOMELAND SECURITY LAW AMENDMENTS
The purpose of this law is to provide for the development and execution of plans for the protection of residents, property, and the environment in an emergency or disaster; and provide
for the direction of emergency management, response, and recovery on the Reservation.
The Emergency Management and Homeland Security law amendments will:
1. Clarify that it is within the authority of the Community/Public Health Officer to issue any
mandate, order, and/or require restrictions which may limit the spread of any communicable disease to any individual, business, or the general population of the Reservation;
2. Extend the time period for a proclamation of an emergency from thirty (30) days to sixty
(60) days;
3. Delegate authority to the Oneida Business Committee to establish an Emergency Core Decision Making Team upon the declaration of an emergency and determine which positions
of the Nation will compose the Emergency Core Decision Making Team; and
4. Provide that citations issued for violations of this Law shall be processed in accordance
with the procedure contained in the Nation’s laws and policies governing citations.
For more proposed amendments to the Emergency Management and Homeland Security law
please review the public comment packet at Oneida-nsn.gov/government/register/public meetings

PUBLIC COMMENT PERIOD CLOSES WEDNESDAY, JANUARY 13, 2021

The Nation’s COVID-19 Team issued a declaration on March 27, 2020, titled “Suspension of Public Meetings
under the Legislative Procedures Act.” This declaration provides that the Legislative Procedures Act’s requirement to hold a public meeting during the public comment period is suspended due to the COVID-19 public health emergency. Although there will be no public meeting, the public comment period will still occur,
and individuals can participate in the legislative process by submitting written comments, questions, or other
input via e-mail to LOC@oneidanation.org.

32 of 59

Analysis to Draft 1
2020 12 16

AMENDMENTS TO THE
EMERGENCY MANAGEMENT AND
HOMELAND SECURITY LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed
Amendments




















Analysis by the Legislative Reference Office
Amend title from Emergency Management and Homeland Security law to the
Emergency Management law;
Revise references to Oneida Community Health Services to Comprehensive Health
Division;
Include a definition for “emergency;”
Revise the title of the Emergency Management and Homeland Security Agency to
Emergency Management Department;
Remove a provision regarding the Public Safety Officers’ Benefits Program from the
law because it is provided for in federal law;
Clarify that the Nation may implement more strict policies or requirements than those
issued by the Community/Public Health Officer;
Clarify that it is within the authority of the Community/Public Health Officer to issue
any mandate, order, and/or require restrictions which may limit the spread of any
communicable disease to any individual, business, or the general population of the
Reservation;
Remove provision that required the Oneida Community Health Services to be
responsible for certain expenses of an infected individual;
Address the authority of the Community/Public Health Officer to organize the
vaccinations of individuals during the Public Health Emergency;
Clarify exemptions to the requirements for vaccines;
Extend the time period for a proclamation of an emergency from thirty (30) days to
sixty (60) days;
Clarify that the Conservation Department may contract with an agency to cover their
responsibility for the care, disposal, and sheltering of all abandoned domestic animals
and livestock during a proclaimed emergency;
Delegate authority to the Oneida Business Committee to establish an Emergency Core
Decision Making Team upon the declaration of an emergency and determine which
positions of the Nation will compose the Emergency Core Decision Making Team;
Delegate authority to the Emergency Core Decision Making Team to declare
exceptions to any law, policy, procedure, regulation, or standard operating procedure
of the Nation;
Provide how the Emergency Core Decision Making Team will make declarations, and
the duration of authority for those declarations;
Require that notification of any declaration be provided to the Oneida Business
Committee within twenty-four (24) hours of a declaration being made;
Clarify the authority of the Oneida Business Committee to modify, extend, or repeal
any declaration or emergency action taken by the Emergency Core Decision Making
Team;

Page 1 of 11

33 of 59

Analysis to Draft 1
2020 12 16


Purpose

Affected
Entities
Public
Meeting
Fiscal Impact
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Provide that citations issued for violations of this Law shall be processed in
accordance with the procedure contained in the Nation’s laws and policies governing
citations; and
 Provide that the Oneida Business Committee shall adopt through resolution a citation
schedule which sets forth specific fine amounts for violations of this Law.
To provide for the development and execution of plans for the protection of residents,
property, and the environment in an emergency or disaster; provide for the direction of
emergency management, response, and recovery on the Reservation; as well as
coordination with other agencies, victims, businesses, and organizations; establish the use
of the National Incident Management System; and designate authority and responsibilities
for public health preparedness. [3 O.C. 302.1-1].
Community/Public Health Officer, Emergency Management Department
A public comment period will be held open until January 13, 2021. A public meeting will
not be held in accordance with the Nation’s COVID-19 Core Decision Making Team’s
declaration titled, “Suspension of Public Meetings under the Legislative Procedures Act.”
A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Emergency Management and Homeland Security law (“the Law”) was first adopted
by the Oneida Business Committee on July 15, 1998. The Law provides for the development and
execution of plans for the protection of residents, property, and the environment in an emergency or
disaster; provides for the direction of emergency management, response, and recovery on the
Reservation, as well as coordination with other agencies, victims, businesses, and organizations;
establishes the use of the National Incident Management System; and designates authority and
responsibilities for public health preparedness. [3 O.C. 302.1-1].
B. Emergency Amendments. On March 17, 2020, the Oneida Business Committee adopted emergency
amendments to the Law through the adoption of resolution BC-03-17-20-E. Emergency amendments
to the Law were sought to create and delegate authority to a COVID-19 Core Decision Making Team
to declare exceptions to any law, policy, procedure, regulation, or standard operating procedure of the
Nation. The emergency amendments to this Law were necessary for the preservation of the public
health, safety, and general welfare of the Reservation population. The emergency amendments were
needed to allow the COVID-19 Core Decision Making Team to act on behalf of the Nation on a daily,
or even hourly basis, to protect the Reservation population against the public health crisis that is the
COVID-19 pandemic. The emergency amendments to the Law were set to expire on September 17,
2020. On August 26, 2020, the Oneida Business Committee extended the emergency amendments to
the Law for an additional six (6) month period through the adoption of resolution BC-08-26-20-A. The
emergency amendments to the Law are set to expire on March 17, 2021.
C. The Legislative Operating Committee proposed permanent amendments be made to this Law to
permanently adopt some of the emergency amendments that were recently made to the Law, as well as
to address other revisions that may be necessary.

SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
 Oneida Business Committee;

Page 2 of 11

34 of 59

Analysis to Draft 1
2020 12 16
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72

 Oneida Law Office;
 Emergency Management Department;
 Comprehensive Health Division;
 Risk Management Department;
 Intergovernmental Affairs;
 General Manager; and
 Strategic Planner.
B. The following laws were reviewed in the drafting of this analysis:
 Citations law;
 Oneida Personnel Policies and Procedures; and
 Legislative Procedures Act.

SECTION 4. PROCESS
A. The amendments to this Law have followed the process set forth in the Legislative Procedures Act.
 On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the Law
through the adoption of resolution BC-03-17-20-E for the purpose of creating and delegating
authority to a COVID-19 Core Decision Making Team.
 On August 26, 2020, the Oneida Business Committee extended the emergency amendments to the
Law for an additional six (6) month period through the adoption of resolution BC-08-26-20-A.
 The LOC added amendments to the Law to its Active Files List on October 7, 2020.
 The emergency amendments to the Law are set to expire on March 17, 2021.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of these amendments:
 November 4, 2020: LOC work meeting with Comprehensive Health Division, Emergency
Management Department, Oneida Law Office, Oneida Business Committee, Risk Management
Department, General Manager, Intergovernmental Affairs, Strategic Planner.
 December 8, 2020: LOC work meeting with Comprehensive Health Division, Emergency
Management Department, Strategic Planner.
 December 10, 2020: LOC work meeting.
C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic
of the coronavirus disease 2019 (COVID-19). The COVID-19 outbreak originated in Wuhan, China
and has spread to many other countries throughout the world, including the United States. The COVID19 pandemic has resulted in high rates of infection and mortality, as well as vast economic impacts
including effects on the stock market and the closing of all non-essential businesses. A public meeting
for the proposed amendments to this Law will not be held due to the COVID-19 pandemic, but the
submission of written comments will still be permitted.
 Declaration of a Public Health State of Emergency.
 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State
of Emergency” regarding the COVID-19 pandemic which declared a Public Health State
of Emergency for the Nation until April 12, 2020, and set into place the necessary authority
for action to be taken and allows the Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses.
 The Public Health State of Emergency has since been extended until January 12, 2020, by
the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-

Page 3 of 11

35 of 59

Analysis to Draft 1
2020 12 16
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115





05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, and BC-12-09-20-D.
COVID-19 Core Decision Making Team Declarations: Safer at Home.
 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration which ordered all individuals present within the Oneida Reservation
to stay at home or at their place of residence, with certain exceptions allowed. This
declaration prohibited all public gatherings of any number of people.
 On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer
at Home” declaration which allowed for gaming and golf operations to resume.
 On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home
Declaration, Amendment, Open for Business” which directs that individuals within the
Oneida Reservation should continue to stay at home, businesses can re-open under certain
safer business practices, and social distancing should be practiced by all persons.
 On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at
Home” declaration which lessened the restrictions of the “Safer at Home Declaration,
Amendment, Open for Business” while still providing guidance and some restrictions. This
declaration prohibits all public and private gatherings of more than twenty (20) people that
are not part of a single household or living unit.
 On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”
which sets minimum standards for the safe re-opening of a building or recall of employees
to work.
COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the
Legislative Procedures Act.
 On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act's requirement to hold a public meeting during
the public comment period, but allows members of the community to still participate in the
legislative process by submitting written comments, questions, data, or input on proposed
legislation to the Legislative Operating Committee via e-mail during the public comment
period.
 Although a public meeting will not be held on the proposed amendments to the Emergency
Management and Homeland Security law, a public comment period will still be held open
until January 13, 2021, in accordance with the Legislative Procedures Act and the COVID19 Core Decision Making Team’s “Suspension of Public Meetings under the Legislative
Procedures Act” declaration.

SECTION 5. CONTENTS OF THE LEGISLATION
A. Public Safety Officers’ Benefit Program. The proposed amendments to the Law remove a provision
regarding the Public Safety Officers’ Benefit Program. Previously, the Law provided that if a person is
disabled or dies while serving as a public safety officer, as defined in the Public Safety Officers’
Benefits Program, then the spouse of that person and/or any children of that person may be eligible for
benefits as determined by the Bureau of Justice Assistance under the Public Safety Officers’ Benefits
Program, 42 U.S.C. ch. 46, subch. XII.

Page 4 of 11

36 of 59

Analysis to Draft 1
2020 12 16
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159



Effect. The proposed amendments remove the provision regarding the Public Safety Officers’
Benefits Program from the Law because this program and its application is already provided in
federal law, so therefore the inclusion of this provision in the Law was duplicative.
B. More Strict Policies and Regulations. The proposed amendments to the Law include a new provision
which provides that the Nation may implement more strict policies or requirements than those issued
by the Community/Public Health Officer. [3 O.C. 302.6-2].
 Effect. The proposed amendment to the Law provides clarification that the Nation may implement
more strict policies or requirements on its employees and elected or appointed officials than those
issued by the Community/Public Health Officer.
C. Authority of the Community/Public Health Officer. The proposed amendments to the Law provide
clarification that it is within the authority of the Community/Public Health Officer to issue any mandate,
order, and/or require restrictions which may limit the spread of any communicable disease to any
individual, business, or the general population of the Reservation. [3 O.C. 302.7-4(c)]. The Law already
provided that the Community/Public Health Officer could act as necessary to protect the public by
taking action to limit the spread of any communicable disease through use of quarantine or isolation,
requiring restrictions, or by taking other communicable disease control measures as necessary.
 Effect. During the most recent COVID-19 pandemic the Community/Public Health Officer had to
take actions such as issuing a mandate requiring the use of face covering, or limiting the occupancy
of businesses in order to protect the Nation from COVID-19. The proposed amendments clarify
that these such actions are within the authority of the Nation’s Community/Public Health Officer
when acting as necessary to protect the public.
D. Expenses of the Oneida Community Health Services. The proposed amendments to the Law removed
a provision which provided that the Oneida Community Health Services would be responsible for the
following costs unless the costs are payable through third party liability or through any benefit system:
the expense for law enforcement assistance under 302.7-4; the expense of maintaining quarantine and
isolation of the quarantined area; the expense of conducting examinations and tests made under the
direction of the Community/Public Health Officer; and the expense of care for dependent persons of
the infected individual. Now, the Law simply provides that expenses for necessary medical care, food,
and other articles needed for an infected individual shall be charged against the individual or whoever
is liable for the individual’s care and support. [3 O.C. 302.7-8].
 Effect. The proposed amendments to the Law remove the financial liability of the cost of care for
an infected individual from the Oneida Community Health Services due to the fact that the Nation
is not in a financial position to cover these expenses on such a widespread scale as the COVID-19
pandemic has presented. The Law provides that expenses for necessary medical care, food, and
other articles needed for an infected individual shall be charged against the individual or whoever
is liable for the individual’s care and support. The Comprehensive Health Division will still provide
care and have resources available for those who are eligible to receive care and assistance from the
Comprehensive Health Division.
E. Vaccinations During a Public Health Emergency. The proposed amendments to the Law adjust the
Community/Public Health Officer’s authority in regard to vaccinations during a public health
emergency. The Law provides that when a public health emergency is proclaimed, the
Community/Public Health Officer may organize the vaccination of individuals. [3 O.C. 302.7-6(a)].
The Law then clarifies that the following types of individuals shall not be subject to a vaccination: an
individual who the vaccination is reasonably likely to lead to serious harm to the individual; or an

Page 5 of 11

37 of 59

Analysis to Draft 1
2020 12 16
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203

individual, for reason of religion or conscience, refuses to obtain the vaccination. [3 O.C. 302.76(a)(1)(A)-(B)]. Previously, the Law provided that the Community/Public Health Officer had the
authority to order the vaccination of an individual, unless the vaccination is reasonably likely to lead to
serious harm to the individual or the individual, for reason of religion or conscience, refuses to obtain
the vaccination.
 Effect. The proposed amendment to the Law provides that the Community/Public Health Officer
can organize the vaccination of individuals but removes the authority of the Community/Public
Health Officer to order the vaccination of an individual. The Legislative Operating Committee
wants to ensure that each person has a choice as to whether to receive a vaccination.
F. Extension of the Time Period for a Proclamation of an Emergency. The proposed amendments to
the Law extend how long a proclamation of an emergency may last. The Law now provides that no
proclamation of an emergency by the Oneida Business Committee or the Director may last for longer
than sixty (60) days, unless the proclamation of emergency is extended by the Oneida Business
Committee. [3 O.C. 302.8-2]. Previously, the Law provided that no proclamation of an emergency by
the Oneida Business Committee or the Director may last for longer than thirty (30) days, unless renewed
by the Oneida Business Committee.
 Effect. The proposed amendment to the Law extends how long a proclamation of an emergency
may last in recognition that the Nation may experience longer lasting emergencies, such as the
COVID-19 pandemic. The Legislative Operating Committee determined that the extension of the
proclamation period from thirty (30) to sixty (60) days would be less tedious when extending an
emergency proclamation for longer periods of time, but still ensures responsible governance and
that the Oneida Business Committee is reviewing the conditions of the Nation to ensure an
emergency still exists.
G. Responsibility of the Conservation Department. The proposed amendments to the Law provide that
during a proclaimed emergency, the Conservation Department shall be responsible for the care,
disposal, and sheltering of all abandoned domestic animals and livestock, and that the Conservation
Department may delegate this responsibility to a contracted agency. [3 O.C. 302.8-5]. Previously the
Law provided that the provisions of Chapter 34, Oneida Tribal Regulation of Domestic Animals
Ordinance, shall not apply during a proclaimed emergency in addition to the statement that during a
proclaimed emergency, the Conservation Department shall be responsible for the care, disposal, and
sheltering of all abandoned domestic animals and livestock.
 Effect. The proposed amendment to the Law clarifies that the Domestic Animals law still remains
in effect during a proclaimed emergency, but that it is simply the responsibility of the Conservation
Department to maintain the care, disposal, and sheltering of all abandoned domestic animals and
livestock. Additionally, the proposed amendment clarifies that the Conservation Department can
delegate this responsibility to another agency, such as a Humane Society, through a contract.
G. Emergency Core Decision Making Team. The proposed amendments to the Law allow the Oneida
Business Committee to establish an Emergency Core Decision Making Team upon the proclamation of
an emergency under this Law. [3 O.C. 302.9-1]. The Oneida Business Committee is responsible for
establishing the Team through the adoption of a motion, and through that motion identifying the
positions of the Nation which shall make up the members of the Emergency Core Decision Making
Team based on the type and severity of emergency the Nation is experiencing. [3 O.C. 302.9-1].
Previously, the emergency amendments to the Law adopted in March 2020 provided that a COVID-19
Core Decision Making Team would be created by the declaration of a public health emergency under

Page 6 of 11

38 of 59

Analysis to Draft 1
2020 12 16
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246

this Law, and would consist of the following persons: Oneida Business Committee Officers which
includes the Chairperson, Vice Chairperson, Treasurer, Secretary; Legislative Operating Committee
Chairperson; General Manager; Gaming General Manager; Gaming Assistant Chief Financial Officer;
Chief Financial Officer; Intergovernmental Affairs and Communications Director; and Public Relations
Director.
 Effect. The proposed amendments to the Law adopt on a permanent basis the inclusion of an
Emergency Core Decision Making Team, but make adjustments from the COVID-19 Core
Decision Making Team that was adopted through the emergency amendments. Instead of the
Emergency Core Decision Making Team being automatically established upon the declaration of
an emergency, the Oneida Business Committee now has to take the additional step of adopting a
motion to establish the Emergency Core Decision Making Team when an emergency is proclaimed.
This change to how the Emergency Core Decision Making Team is established was made due to
the recognition that not every proclaimed emergency may warrant the need for an Emergency Core
Decision Making Team. Additionally, the Law provides that the Oneida Business Committee will
identify the positions of the Nation which shall make up the members of the Emergency Core
Decision Making Team when the Team is established instead of the Law identifying these positions
so that the Emergency Core Decision Making Team can be scaled to the specific type and severity
of emergency the Nation is experiencing.
B. Delegation of Authority to the Emergency Core Decision Making Team. The proposed amendments
provide what authority the Emergency Core Decision Making Team is delegated. [3 O.C. 302.9-2].
The Emergency Core Decision Making Team shall have authority to declare exceptions to the Nation’s
laws during the emergency period which will be of immediate impact for the purposes of protecting the
health, safety, and general welfare of the community, members of the Nation, and employees of the
Nation. [3 O.C. 302.9-2(a)]. The Emergency Core Decision Making Team is also delegated the
authority to make these exceptions to the Nation’s laws notwithstanding the requirements of the
Legislative Procedures Act. This means that the Emergency Core Decision Making team does not have
to follow the requirements of the Legislative Procedures Act. The Emergency Core Decision Making
Team is also delegated authority to declare an exception to any policy, procedure, regulation, or
standard operating procedure of the Nation during the emergency period which will be of immediate
impact for the purposes of protecting the health, safety, and general welfare of the Nation’s community,
members, and employees. [3 O.C. 302.10-2(b)]. The Emergency Core Decision Making Team is
delegated the authority to make these exceptions to the Nation’s policies, procedures, regulations, or
standard operating procedures notwithstanding any requirements of the policies, procedures,
regulations, or standard operating procedures. The authority delegated to the Emergency Core Decision
Making Team through the proposed amendments is the same authority which was delegated to the
COVID-19 Core Decision Making Team through the emergency amendments.
 Effect. The proposed amendments outline the specific authority granted to the Emergency Core
Decision Making Team. The Emergency Core Decision Making Team is granted the authority to
declare exceptions to a law, policy, procedure, regulation, or standard operating procedure of the
Nation, notwithstanding the requirements of the Legislative Procedures Act or any other policy,
procedure, regulation, or standard operating procedure, in an effort to provide the Emergency Core
Decision Making Team the greatest flexibility in taking action to protect the health, safety, and
general welfare of the Nation’s community, members, and employees from an emergency.

Page 7 of 11

39 of 59

Analysis to Draft 1
2020 12 16
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289

C. Declaration of an Exception. The proposed amendments outline the requirements for making a
declaration and the duration of authority for declarations. [3 O.C. 302.9-3, 302.9-4]. Any declaration
made by the Emergency Core Decision Making Team must be written on the Nation’s letterhead,
provide the date the declaration was issued, contain a clear statement of the directives, provide the date
the directive shall go into effect, be signed by the Oneida Business Committee Chairperson or Vice
Chairperson in the Chairperson’s absence, and be posted on the Nation’s website. [3 O.C. 302.9-3(a)(f)]. Declarations and actions taken by the Emergency Core Decision Making Team shall be effective
upon the date declared by the Emergency Core Decision Making Team, and shall remain in effect for
the duration of any declared emergency, or for a shorter time period if identified. [3 O.C. 302.9-4]. The
requirements of a declaration and duration of a declaration provided through the proposed amendments
is the same as the requirements of a declaration and duration of a declaration provided by the COVID19 Core Decision Making Team through the emergency amendments.
 Effect. The proposed amendments provide more information on how the Emergency Core Decision
Making Team will make declarations of an exception to a law, policy, procedure, regulation, or
standard operating procedure of the Nation, and for how long that declaration will remain in effect.
D. Notification to and Review by the Oneida Business Committee. The proposed amendments to the
Law provide that within twenty-four (24) hours of a declaration being made, the Emergency Core
Decision Making Team shall provide notification of the declaration to the Oneida Business Committee.
[3 O.C. 302.9-5]. The Law also provides that the Oneida Business Committee may modify, extend, or
repeal any declaration or emergency action taken by the Emergency Core Decision Making Team. [3
O.C. 302.9-6].
 Effect. The proposed amendments to the Law ensure that the Oneida Business Committee is always
informed of any declarations that are made by the Emergency Core Decision Making Team, and
clarify that the Oneida Business Committee ultimately has the final authority to modify, extend, or
repeal any declaration made by the Emergency Core Decision Making Team.
E. Citations. The proposed amendments to the Law reorganize the enforcement and penalties provisions
to clarify that an Oneida Police Department Officer may issue a citation to any person who violates a
provision of this Law. [3 O.C. 302.10-2]. The citation for a violation of this law shall be processed in
accordance with the procedure contained in the Nation’s Citations law. [3 O.C. 302.10-2(a)]. The
Oneida Business Committee shall adopt through resolution a citation schedule which sets forth specific
fine amounts for violations of this Law. [3 O.C. 302.10-2(b)]. Previously, the Law stated that violators
of this Law may be subject to a fine of not more than two hundred dollars ($200) per violation to be
issued by the Oneida Police Department and paid to the Nation, and that all fines assessed under this
section shall be paid within sixty (60) days of issuance of the citation, unless the person files an appeal
with the Judiciary before the fine is to be paid.
 Effect. The proposed amendment to the Law updates the language and process regarding citations
for violations of this Law in order to conform with the Nation’s Citations law.
F. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the
Law for clarity including the following:
 The title of the Law was changed from “Emergency Management and Homeland Security” to
“Emergency Management;”
 References to the “Emergency Management and Homeland Security Agency” were changed to
the Emergency Management Department;” and

Page 8 of 11

40 of 59

Analysis to Draft 1
2020 12 16
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331



References to the “Oneida Community Health Services” was changed to the “Comprehensive
Health Division.”

SECTION 6. EXISTING LEGISLATION
A. References to other Laws of the Nation. The following laws of the Nation are referenced in this Law:
 Citations law. The Citations law provides a consistent process for handling citations of the Nation
in order to ensure equal and fair treatment to all persons who come before the Judiciary to have
their citations resolved. [8 O.C. 807.1-2]. The Citations law provides how a citation action is started
– such as who has the authority to issue a citation, the requirements of the form of the citation, and
how a citation is served and filed; stipulations for the settlement of a citation; and the citation
hearing procedures. [8 O.C. 807].
 This Law provides that a citation for a violation of this Law shall be processed in
accordance with the procedure contained in the Nation’s laws and policies governing
citations. [3 O.C. 302.10-2]. The Citations law is the Nation’s law governing citations.
 Any citations issued by the Oneida Police Department for a violation of this Law must
comply with the requirements and procedures of the Citations law.
 Oneida Personnel Policies and Procedures. The Oneida Personnel Policies and Procedures is the
Nation’s law which governs employment. The Oneida Personnel Policies and Procedures provides
the process for handling complaints, disciplinary actions, and grievances. [Section V.D.].
 This Law provides that an employee of the Nation who violates this Law during their
work hours or who refuses to follow the Emergency Response Plan may be subject to
disciplinary action in accordance with the Nation’s laws and policies governing
employment. [3 O.C. 302.10-3].
 This Law also provides that an employee of the Nation who is disciplined under this
Law may appeal the disciplinary action in accordance with the Nation’s laws and
policies governing employment. [3 O.C. 302.10-3(a)].
 A supervisor would have to follow the disciplinary action procedure contained in the
Oneida Personnel Policies and Procedures to hold an employee accountable for a
violation of this Law.
B. The proposed amendments to the Law have the follow impact on existing legislation of the Nation.
 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council on January 7, 2013, for the purpose of providing a standard process for the adoption of laws
of the Nation which includes taking into account comments from members of the Nation and input
from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].
 The Legislative Procedures Act provides a process for the adoption of emergency
legislation when the legislation is necessary for the immediate preservation of the
public health, safety, or general welfare of the Reservation population and the
enactment or amendment of legislation is required sooner than would be possible under
this law. [1 O.C. 109.9-5].
 The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].

Page 9 of 11

41 of 59

Analysis to Draft 1
2020 12 16
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375



The proposed emergency legislation is required to have a legislative analysis
completed and attached prior to being sent to the Oneida Business Committee
for consideration. [1 O.C. 109.9-5(a)].
 A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad15a33773a0ac68c. Public record. Not legal advice.